What is coverture, and why does it matter?

Coverture or coverture is a legal principle of English common law that was commonly applied in colonial America: it essentially made a married woman a part of her husband’s legal entity. Connecticut did not begin to chip away at the principle until the mid-19th century.

Prior to that point, a married woman was subject to the principles of coverture. That meant that she could not own or inherit land or make wills in her own right (with exceptions). Those restrictions can impact your research.

Here are some conditions you might see:

  • Property inherited from the woman’s father being sold by the daughter and her husband.
  • A woman disappearing from records after her husband’s death (as she owned no property in her own right).
  • Children selling the mother’s dower right (life use on 1/3rd of the property).
  • No will for the mother.

The specific impact of coverture will vary based on the time period and family, but it’s crucial to know that the principle is in play when researching an ancestor.

Published by Bryna O'Sullivan

Proprietor of Charter Oak Genealogy, Bryna O'Sullivan specializes in assisting clients with lineage society applications and with French to English genealogical translations.

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